Rule of law as one of the basic principles of the English constitution - Essay Example

Extract of sampleRule of law as one of the basic principles of the English constitution

According to Dicey (Ibid), the rule of law is one of the cardinal principles of the eight legal systems. He attributed the following aspects of the rule of law.
a) Supremacy of law: Rule of law means the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power or discretionary power. It excludes the existence of arbitrariness of prerogative power or even wide discretionary authority on the part of government. Dicey asserted that the Englishmen were ruled by the law, and the law alone. He denied that in England the government was based on exercise by persons in authority or wide arbitrary or discretionary powers. (Constitution Law, 8th edition)
b) Equality before law: According to this doctrine of rule of law, there must be equality before the law or equal subjection of all classes to the ordinary law of the land administered by the ordinary law courts. In England, all [persons were subject to one and the same law and there were no extraordinary tribunals or special courts for officers of the government and other authorities. According to Dicey (Ibid) courts are supreme throughout the state. He criticized the French legal system of Droit administratiff in which there were separate administrative tribunals for ordinary people and civil servants.
c) Predominance of legal spirit: Explaining the third postul...
In many countries rights are guaranteed by a written constitution while in England it is not so. The rights are the result of judicial decisions in concrete cases which have actually arisen between parties. The constitution is not the source but consequence of the rights of the individuals. (J.J.R. Upadhaya Administrative law, 4th edition)
In substantive sense, the rule of law sets an ideal for any government to achieve. These aspects of rule of law are as under:-
a) Under rule of law, the function of legislative is to establish and maintain conditions that uphold dignity of man as an individual.
b) Effectiveness of the government capable of maintaining low and order and ensuring sufficient economic and social conditions of life for free society.
c) Independence Judiciary.
In analyzing the formal and substantive aspects of the rule of law we can say that they are compatible with each other. This can be proved by the fact that formal aspects as well substantive aspects address the issue of fairness. This fairness is geared towards giving or affording people their rights. They should be heard and protected at all times. Both the aspects of the rule of law aim at affording an individual his independence in terms of his economic stability and his fundamental rights.
In this regard both the aspects of rule of law do not conflict with each, but they endeavour to create certain conditions like political, social, economical, educational and cultural conditions which are essential to the full development of his personality.
The rule of law is a dynamic concept which changes with change in social, economic and political values and
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Summary

The term rule of law refers to the principles of legality which refers to a government based on principle of law and not of men (J.J.R, Upodhaya, Administrative law, 4th edition, 2001). Therefore the rule of law is opposed to arbitrary powers.
Sir Edward Coke, the chief justice in James 1's reign is said to be the originator of this great principle…

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